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(a) The following are public nuisances:

(1) The erection, use or maintenance of any building, structure or place for the exercise of any trade, employment or business, which by virtue of noise, noxious fumes or offensive odors becomes injurious to the health, comfort or property of individuals or the public in general.

(2) The collection, storing or depositing of offal, filth, rubbish, trash, or noisome or noxious substances which becomes injurious to the health, comfort or property of individuals or the public in general.

(3) Any abandoned vehicle within the meaning of article IV of this chapter.

(4) Any condition or thing that may generate or promote disease, or is in any way injurious to the health, or indecent or offensive to the senses, to the damage, prejudice or discomfort of others or to the public.

(b) It shall be unlawful for any person to erect, cause, continue or maintain any public nuisance within the Town.

(c) Any member of the Police Department of the Town or the building inspector of the Town may order the abatement or removal of any public nuisance within ten (10) days from receipt of the order.

(d) Notice of abatement or removal of a public nuisance shall be served upon any adult occupying the real estate on which the nuisance is located. If no occupant of the real estate can be located, a notice affixed to any building on the real estate shall constitute notice to the owner of said real estate. If there is no building on the real estate, said notice may be sent by certified mail, return receipt requested; to the last known owner of record as shown by the records of the county auditor.

(e) If any such order is not obeyed within the time fixed therein, the owner and/or occupant shall be guilty of an offense. Each day the nuisance is allowed to continue after notice to abate or remove same shall constitute a separate offense.

(f) Nothing herein shall prevent the Town from applying to a court of competent jurisdiction for an injunction prohibiting the erection, maintenance or continuance of such nuisance.

(Code 1983, 36-5-2-9(n), §§ 1—6, 8)